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(영문) 창원지방법원 2016.11.22 2016고단2486
아동복지법위반(상습아동학대)
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The defendant A shall be punished by imprisonment for one and half years.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Criminal facts

Defendant

A is a person who has worked as a child care teacher of a child care center D located in the window of Changwon-si from September 2015, and Defendant B is a person who operates the child care center.

1. At around 10:52 on March 7, 2016, Defendant A engaged in the business of reading books at the above child-care center classrooms, Defendant A engaged in emotional abuse that would inflict physical harm on a child’s body or harm on a child’s mental health and development, and that would inflict physical harm on a child’s mental health and development, as shown in the list of crimes attached hereto, by putting the head knife of the victim E (n, 4 years old) attending the said child-care center in a knife hand, and continuously putting the victim’s a part of the knife with the victim E (n, 4 years old) on his/her hand.

2. Defendant B committed, at the above date, and at the above time and place, physical abuse against a child’s body or undermining the physical health and development of the child’s body, and emotional abuse harmful to the mental health and development of the child.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police of the F;

1. A report on damage;

1. Each written diagnosis;

1. Photographs of the upper part of a bridge;

1. Requests for cooperation with investigations;

1. Responses to requests for cooperation with each investigation;

1. A children counseling record book;

1. Director of the Child Care Center (A);

1. A copy of a teacher qualification certificate;

1. A criminal investigation report (to attachCCTV image data USB and video CDs at the scene of the crime);

1. The defendant A is subject to the Acts and subordinate statutes to capture CCTV abuse;

1. Article 72 and Article 71 (1) 2 of the Child Welfare Act and subparagraphs 3 and 5 of Article 17 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Defendant B of Article 62-2 of the Criminal Act, Article 8 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Article 74 and Article 71 (1) 2 of the Child Welfare Act applicable to the relevant criminal facts;

1. Article 70(1) of the Criminal Act to attract a workhouse.

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